Saturday, July 27, 2013

Can he petition for his child if he does not have custody.

Q:  My friend and his wife, divorced 4 years ago he signed that she get sole custody of the children. he now wants to petition for them can he do so without having custody.

A:  David's Answer:  When you say "petition for them" do you mean petition for a change of custody or an immigration petition? If an immigration petition, you'll need to re-post this question under that category. If a change-of-custody petition, then yes, he can always petition for a change, so long as he states what change of circumstances warrant a change of custody. Your friend is best advised to schedule a consultation with a Bronx Child Custody attorney.    -- David Bliven, Bronx Child Custody attorney (

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